FOI Review decisions

Decisions made by the Ombudsman under s 82 of the Freedom of Information Act 2016 (ACT) (FOI Act) are published below.

For information on how to make a complaint about the FOI process or apply for Ombudsman review see: FOI complaints and reviews.

‘DG’ and Office of the Director of Public Prosecutions [2024] ACTOFOI 17 (2 October 2024)
Date published: 8 October 2024
Freedom of Information Act 2016 – deciding access – reasonable searches - consulting applicant before refusing to deal with certain applications - refusing to deal with an application - frivolous or vexatious - abuse of process - application expressed to relate to information taken to be contrary to the public interest to disclose under Schedule 1 – information subject to legal professional privilege

'DF' and Transport Canberra and City Services [2024] ACTOFOI 16
Date published: 25 September 2024
Freedom of Information Act 2016 – deciding access – whether information is contrary to the public interest information – contribute to positive and informed debate on important issues or matters of public interest - inform the community of the government’s operation – prejudice trade secrets, business affairs or research of an agency or persons – prejudice an agency’s ability to obtain confidential information – prejudice the competitive commercial activities of an agency.

‘DE’ and Education Directorate [2024] ACTOFOI 15
Date published: 23 August 2024
Freedom of Information Act 2016 – deciding access – whether information is contrary to the public interest information – relevant third parties – refuse to confirm or deny information is held by the respondent or deal with applications involving family violence - reveal the reasons for a government decision - information is personal information - information provided in confidence - prejudice the protection of an individual’s right to privacy or any other right under the Human Rights Act.

Owners Corporation of Units Plan No 3637 and Chief Minister, Treasury and Economic Development [2024] ACTOFOI 14 (19 August 2024)
Date published: 19 August 2024 
Freedom of Information Act 2016 – consulting applicant before refusing to deal with certain applications – unreasonable and substantial diversion of resources required to deal with application – extend to which public resources would be advanced

Village 25 Pty Ltd, Downer EDI Works Pty Ltd and Chief Minister, Treasury and Economic Development Directorate [2024] ACTOFOI 13
Date published: XX July 2024
Freedom of Information Act 2016 – deciding access –whether information is contrary to the public interest information - identifying information within scope of application - refuse to deal with application for information already available to applicant - inform the community of the government’s operations - reveal the reason for a government decision and any background or contextual information that informed that decision - contribute to the administration of justice generally, including procedural fairness - promote open discussion of public affairs and enhance the government’s accountability - contribute to positive and informed debate on important issues or matters of public interest - allow or assist inquiry into possible deficiencies in the conduct or administration of an agency or public official - reveal that the information was incorrect, out-of-date, misleading, gratuitous unfairly subjective or irrelevant - contribute to the protection of the environment and reveal environmental or health risks or measures relating to public health and safety - prejudice flow of information to the police or another law enforcement or regulatory agency and prejudice an agency's ability to obtain confidential information - prejudice trade secrets, business affairs or research of an agency or persons - impede protection of the environment.

‘DD’ and Education Directorate [2024] ACTOFOI 12 (15 July 2024)
Date published: 18 July 2024
Freedom of Information Act 2016 - reveal the reasons for a government decision and any background or contextual information that informed the decision - information is personal information - prejudice the protection of an individual’s right to privacy or any other right under the Human Rights Act - prejudice the business affairs of third parties - prejudice an agencies ability to obtain confidential information - prejudice the management function of an agency.

‘DC’, Freshford Equestrian Centre and Chief Minister, Treasury and Economic Development Directorate [2024] ACTOFOI 11 (15 July 2024)
Date published: 18 July 2024
Freedom of Information Act 2016 – deciding access – whether information is contrary to the public interest information - Reveal the reason for a government decision and any background or contextual information that informed the decision - Prejudice an agency’s ability to obtain confidential information - Prejudice the flow of information to the police or another law enforcement or regulatory agency - prejudice trade secrets, business affairs or research of an agency or person.

‘DB’ and Community Services Directorate [2024] ACTOFOI 10 (12 July 2024)
Date published: 18 July 2024
Freedom of Information Act 2016 - whether disclosure of information is contrary to the public interest - information disclosure of which is prohibited under law – promote open discussion of public affairs and enhance the government’s accountability - ensure effective oversight of expenditure of public funds- information is the personal information of the applicant - prejudice the protection of an individual’s right to privacy or any other right under the Human Rights Act 2004 - prejudice the trade secrets, business affairs or research of an agency or person - prejudice an agency’s ability to obtain confidential information.

‘DA’ and ACT Human Rights Commission [2024] ACTOFOI 9 (21 June 2024)
Date published: 25 June 2024
Freedom of Information Act 2016 – deciding access – whether information is contrary to the public interest information – information taken to be contrary to the public interest to disclose under schedule 1 – information in the possession of human rights commission - information disclosure of which is prohibited under law.

‘CZ’ and ACT Education Directorate [2024] ACTOFOI 8 (28 May 2024)
Date published: 4 June 2024
Freedom of Information Act 2016 – deciding access – whether disclosure of information is contrary to the public interest - Information is personal information of the person making the request - Prejudice the protection of an individual’s right to privacy or any other right under the Human Rights Act 2004 - Prejudice the management function of an agency or the conduct of industrial relations by an agency.

‘CY’ and Justice and Community Safety Directorate [2024] ACTOFOI 7 (28 May 2024)
Date published: 4 June 2024
Freedom of Information Act 2016 – deciding access –whether disclosure of information is contrary to the public interest - Information is personal information of the person making the request - Prejudice the protection of an individual’s right to privacy or any other right under the Human Rights Act 2004 - Prejudice an agency’s ability to obtain confidential information - Prejudice the management function of an agency or the conduct of industrial relations by an agency.

‘CX’ and Transport Canberra and City Services [2024] ACTOFOI 6 (29 May 2024)
Date published: 29 May 2024
Freedom of Information Act 2016 – reasonable steps to identify all government information within scope – information not held by respondent

Elizabeth Lee, Derise Cubin and Chief Minister, Treasury and Economic Development Directorate [2024] ACTOFOI 5 (13 May 2024)
Date published: 24 May 2024
Freedom of Information Act 2016 – deciding access – whether disclosure of information is contrary to the public interest – information subject to legal professional privilege – information in possession of integrity commission or inspector of the integrity commission - promote open discussion of public affairs and enhance the government’s accountability – contribute to positive and informed debate on important issues or matters of public interest – reveal the reason for a government decision and any background or contextual information that informed the decision – prejudice the protection of an individual’s right to privacy or any other right under the Human Rights Act 2004.

‘CW’ and Chief Minister, Treasury and Economic Development Directorate [2024] ACTOFOI 4 (5 April 2024)
Date published: 8 April 2024
Freedom of Information Act 2016 – deciding access – identifying government information – reasonable steps to identify government information within the scope of the application.

'CV' and Justice and Community Safety Directorate [2024] ACTOFOI 3 (14 March 2024)
Date published: 18 March 2024
Freedom of Information Act 2016 – reasonable steps to identify all government information within scope – whether disclosure of information is contrary to the public interest – prejudice the maintenance or enforcement of a lawful method or procedure for protecting public safety – prejudice a system or procedure for the protection of people, property or the environment – prejudice the protection of an individual’s right to privacy or any other right under the Human Rights Act 2004.

'CU' and Environment, Planning and Sustainable Development Directorate [2024] ACTOFOI 2 (7 March 2024)
Date published: 18 March 2024
Freedom of Information Act 2016 – refusing to deal with application – information already available to the applicant – information has already been given to the applicant under the Freedom of Information Act 2016 – information is usually available for purchase – reasonable steps to identify all government information within scope – information not held by respondent.

‘CT’, Department of Foreign Affairs and Trade and Chief Minister, Treasury and Economic Development Directorate [2024] ACTOFOI 1 (4 March 2023)
Date published: 6 March 2023
Freedom of Information Act 2016 – deciding access – whether disclosure of information is contrary to the public interest – promote open discussion of public affairs and enhance the government’s accountability – inform the community of the government’s operations, including the policies, guidelines, and codes of conduct followed by the government in its dealings with members of the community – reveal the reason for a government decision and any background or contextual information that informed the decision – prejudice the protection of an individual’s right to privacy or any other right under the Human Rights Act 2004 – prejudice intergovernmental relations.

    ‘CS’ and Chief Minister, Treasury and Economic Development Directorate [2023] ACTOFOI 27 (18 December 2023)
    Date published: 19 December 2023
    Freedom of Information Act 2016 – refusing to deal with application – information disclosure of which is prohibited by law

    ‘CR’ and Transport Canberra and City Services [2023] ACTOFOI 26 (12 December 2023)
    Date published: 12 December 2023
    Freedom of Information Act 2016 – promote open discussion of public affairs and enhance the government’s accountability – inform the community of the government’s operations – allow or assist inquiry into possible deficiencies in the conduct or administration of an agency or public official – reveal or substantiate that an agency or public official has engaged in misconduct or negligent, improper or unlawful conduct or has acted maliciously or in bad faith – advance the fair treatment of individuals and other entities in accordance with the law in their dealings with the government – reveal the reason for a government decision and any background or contextual information that informed that decision – information is the personal information of the applicant – prejudice the protection of an individual’s right to privacy or any other right under the Human Rights Act 2004 – prejudice an agency’s ability to obtain confidential information – prejudice the management function of an agency or the conduct of industrial relations by an agency – prejudice trade secrets, business affairs or research of an agency or persons

    ‘CQ’ and Education Directorate [2023] ACTOFOI 25 (30 November 2023)
    Date Published: 4 December 2023
    Freedom of Information Act 2016 – promote open discussion of public affairs and enhance the government’s accountability – ensure effective oversight of expenditure of public funds – prejudice trade secrets, business affairs or research of an agency or person

    ‘CP’ and Canberra Health Services [2023] ACTOFOI 24 (27 November 2023)
    Date published: 30 November 2023
    Freedom of Information Act 2016 – deciding access – whether disclosure of information is contrary to the public interest – advance the fair treatment of individuals and other entities in accordance with the law in their dealings with the government – the information is personal information of the person making the request – prejudice the protection of an individual’s right to privacy or any other right under the Human Rights Act 2004 – prejudice the management function of an agency or the conduct of industrial relations by an agency

    ‘CO’ and ACT Health Directorate [2023] ACTOFOI 23 (31 October 2023)
    Date Published: 1 November 2023
    Freedom of Information Act 2016 – information is not held by the respondent – refuse to deal with application – unreasonable and substantial diversion of the respondent’s resources – abuse of process – unreasonable request for personal information

    ‘CN’ and Transport Canberra and City Services [2023] ACTOFOI 22 (3 October 2023)
    Date published: 3 October 2023
    Freedom of Information Act 2016 – refusing to deal with application – frivolous or vexatious application

    Leanne Castley MLA and ACT Health Directorate [2023] ACTOFOI 21 (28 September 2023)
    Date published: 28 September 2023
    Freedom of Information Act 2016 – deciding access – whether disclosure of information is contrary to the public interest – promote open discussion of public affairs and enhance the government’s accountability – contribute to positive and informed debate on important issues or matters of public interest – allow or assist inquiry into possible deficiencies in the conduct or administration of an agency or public official – prejudice the protection of an individual’s right to privacy or any other right under the Human Rights Act 2004 – prejudice an agency’s ability to obtain confidential information – prejudice the management function of an agency or the conduct of industrial relations by an agency

    ‘CM’ and ACT Health Directorate [2023] ACTOFOI 20 (28 September 2023)
    Date published: 28 September 2023
    Freedom of Information Act 2016 – refusing to deal with application –information already available to applicant – reasonable steps to identify all government information within scope – information not held by respondent

    'CL' and Justice and Community Safety Directorate [2023] ACTOFOI 19 (21 September 2023)
    Date published: 21 September 2023
    Freedom of Information Act 2016 – refusing to deal with application – application expressed to relate to government information of a stated kind and government information of that kind is taken to be contrary to the public interest to disclose under schedule 1.

    ‘CK’ and Chief Minister, Treasury and Economic Development Directorate [2023] ACTOFOI 18 (25 August 2023)
    Date published: 25 August 2023
    Freedom of Information Act 2016 (ACT) – deciding access – whether disclosure of information is contrary to the public interest – promote open discussion of public affairs and enhance the government’s accountability – prejudice the protection of an individual’s right to privacy or any other right under the Human Rights Act 2004.

    ‘CJ’ and Major Projects Canberra [2023] ACTOFOI 17 (3 May 2023)
    Date published: 24 August 2023
    Freedom of Information Act 2016 (ACT) – deciding access – whether disclosure of information is contrary to the public interest – Cabinet information – whether information is purely factual.

    ‘CH’, ‘CI’ and Chief Minister, Treasury and Economic Development Directorate [2023] ACTOFOI 16 (18 August 2023)
    Date published: 22 August 2023
    Freedom of Information Act 2016 (ACT) – deciding access – whether disclosure of information is contrary to the public interest – reveal the reason for a government decision and any background or contextual information that informed the decision – contribute to the administration of justice generally, including procedural fairness – prejudice the protection of an individual’s right to privacy or any other right under the Human Rights Act 2004

    ‘CG’ and Major Projects Canberra [2023] ACTOFOI 15 (10 August 2023)
    Date published: 14 August 2023
    Freedom of Information Act 2016 (ACT) – deciding access – whether disclosure of information is contrary to the public interest – promote open discussion of public affairs and enhance the government’s accountability – contribute to positive and informed debate on important issues or matters of public interest – ensure effective oversight of expenditure of public funds – prejudice the protection of an individual’s right to privacy or any other right under the Human Rights Act – prejudice the trade secrets, business affairs or research of an agency or person

    ‘CF’ and Icon Water [2023] ACTOFOI 14 (28 July 2023)
    Freedom of Information Act 2016 (ACT)– whether disclosure of information is contrary to the public interest – promote open discussion of public affairs and enhance the government’s accountability – contribute to positive and informed debate on important issues or matters of public interest – inform the community of the government’s operations – prejudice a deliberative process of government – prejudice the economy of the Territory – prejudice the trade secrets, business affairs or research of an agency or person – prejudice the protection of an individual’s right to privacy or any other right under the Human Rights Act 2004

    ‘CE’ and Education Directorate [2023] ACTOFOI 13 (20 July 2023)
    Date published: 21 July 2023
    Freedom of Information Act 2016 (ACT) – deciding access – whether disclosure of information is contrary to the public interest – personal information of the applicant – prejudice the protection of an individual's right to privacy – prejudice an agency’s ability to obtain confidential information

    Community and Public Sector Union and the Office of the Legislative Assembly [2023] ACTOFOI 12 (29 June 2023)
    Date Published: 30 June 2023
    Freedom of Information Act 2016 (ACT) – deciding access – whether disclosure of information is contrary to the public interest – legal professional privilege

    ‘CD’ and Chief Minister, Treasury and Economic Development Directorate [2023] ACTOFOI 11 (27 June 2023)
    Date Published: 27 June 2023
    Freedom of Information Act 2016 (ACT) – deciding access – whether disclosure of information is contrary to the public interest – promote open discussion of public affairs and enhance the government’s accountability – prejudice trade secrets, business affairs or research of an agency or person – prejudice the protection of an individual’s right to privacy or other right under the Human Rights Act 2004

    Construction Forestry Maritime Mining and Energy Union and Chief Minister, Treasury and Economic Development Directorate [2023] ACTOFOI 8 (26 May 2023)
    Date Published: 22 June 2023
    Freedom of Information Act 2016 (ACT) – deciding access – whether disclosure of information is in the public interest – inform the community of the government’s operations, including the policies, guidelines and codes of conduct followed by the government in its dealings with members of the community – advance the fair treatment of individuals and other entities in accordance with the law in their dealings with the government – reveal the reason for a government decision and any background or contextual information that informed the decision – prejudice the protection of an individual’s right to privacy or any other right under the Human Rights Act 2004 – prejudice trade secrets, business affairs or research of an agency or person – prejudice an agency’s ability to obtain confidential information

    ‘CC’ and Integrity Commission [2023] ACTOFOI 10 (22 June 2023)
    Date Published: 22 June 2023
    Freedom of Information Act 2016 (ACT) – refusing to deal with application – application expressed to relate to information in the possession of Integrity Commission

    ‘CB’ and Education Directorate [2023] ACTOFOI 9 (20 June 2023)
    Date Published: 20 June 2023
    Freedom of Information Act 2016 (ACT) – deciding access – whether disclosure of information is contrary to the public interest – legal professional privilege – personal information of the applicant – information could prejudice the protection of an individual's right to privacy – prejudice trade secrets, business affairs or research of an agency or person.

    'CA' and Environment, Planning and Sustainable Development Directorate [2023] ACTOFOI 7 (22 March 2023)
    Date Published: 22 March 2023
    Freedom of Information Act 2016 (ACT) – requirements for decision notice – deciding access – whether disclosure of information is contrary to the public interest – promote open discussion of public affairs and enhance the government’s accountability – prejudice a deliberative process of government

    ‘BZ’ and Transport Canberra and City Services [2023] ACTOFOI 6 (24 February 2023)
    Date Published: 27 February 2023
    Freedom of Information Act 2016 (ACT) – deciding access – whether disclosure of information is contrary to the public interest – promote open discussion of public affairs and enhance the government’s accountability – inform the community of the government’s operations, including the policies, guidelines and codes of conduct followed by the government in its dealings with members of the community – allow or assist inquiry into possible deficiencies in the conduct or administration of an agency or public official – reveal or substantiate that an agency or public official has engaged in misconduct or negligent, improper or unlawful conduct or has acted maliciously or in bad faith  – advance the fair treatment of individuals and other entities in accordance with the law in their dealings with the government - reveal the reason for a government decision and any background or contextual information that informed the decision  – contribute to the administration of justice generally, including procedural fairness – personal information of the applicant – prejudice an agency’s ability to obtain confidential information – prejudice the management function of an agency or the conduct of industrial relations by an agency

    Elizabeth Lee MLA and Chief Minister, Treasury and Economic Development Directorate [2023] ACTOFOI 5 (22 February 2023)
    Date published: 23 February 2023
    Freedom of Information Act 2016 (ACT) – refusing to deal with an application – unreasonable and substantial diversion of resources

    ‘BY’ and Chief Minister, Treasury and Economic Development Directorate [2023] ACTOFOI 4 (18 January 2023)
    Date published: 23 January 2023
    Freedom of Information Act 2016 (ACT) - deciding access - whether disclosure of information is contrary to the public interest - contribute to positive and informed debate on important issues or matters of public interest - inform the community of the government's operations, including the policies, guidelines and codes of conduct followed by the government in dealings with members of the community - prejudice trade secrets, business affairs or research of an agency or person - information could prejudice the protection of an individual's right to privacy

    Elizabeth Lee MLA and Transport Canberra and City Services [2023] ACTOFOI 3 (16 January 2023)
    Date published: 18 January 2023
    Freedom of Information Act 2016
    (ACT) - deciding access - whether disclosure of information is contrary to the public interest - Cabinet information - whether information is purely factual

    Elizabeth Lee MLA and Chief Minister, Treasury and Economic Development Directorate [2023] ACTOFOI 2 (9 January 2023)
    Date published: 10 January 2023
    Freedom of Information Act 2016 (ACT) - deciding access - whether disclosure of information is contrary to the public interest - promote open discussion of public affairs and enhance the government's accountability - prejudice the protection of an individual's right to privacy or other right under the Human Rights Act 2004

    Elizabeth Lee MLA, Ben Ponton and Chief Minister, Treasury and Economic Development Directorate [2023] ACTOFOI 1 (9 January 2023)
    Date published: 10 January 2023
    Freedom of Information Act 2016 (ACT) - deciding access - whether disclosure of information is contrary to the public interest - promote open disucssion of public affairs and enhance the government's accountability - prejudice the protecton of an indivdual's right to privacy or other right under the Human Rights Act 2004 (ACT)

    'BX' and ACT Health Directorate [2022] ACTOFOI 12 (23 December 2022)
    Date published: 3 January 2023
    Freedom of Information Act 2016 (ACT) – deciding access – reasonable steps to identify all government information within scope – whether the information is not held by the respondent – direction to conduct further searches – Cabinet information

'BW' and Chief Minister, Treasury and Economic Development Directorate [2022] ACTOFOI 11 (13 December 2022)
Date published: 14 December 2022
Freedom of Information Act 2016 (ACT) - deciding access - whether disclosure of information is contrary to the public interest - refusing to deal with application - information already available to applicant - prejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating, or dealing with a contravention or possible contravention of the law - promote open discussion of public affairs and enhance the government's accountability - reveal the reasons for a government decision and any background or contextual information that informed the decision - prejudice trade secrets, business affairs or research of an agency or person - prejudice the protection of an individual's right to privacy

'BV' and Environment, Planning and Sustainable Development Directorate [2022] ACTOFOI 10 (17 November 2022)
Date published: 18 November 2022
Freedom of Information Act 2016 (ACT) - deciding access - identifying all government information within scope - meaning of government information - whether disclosure of information is contrary to the public interest - legal professional privilege - promote open discussion of public affairs and enhance the government's accountability - prejudice trade secrets, business affairs or research of an agency or person

'BU' and ACT Health Directorate [2022] ACTOFOI 9 (4 November 2022)
Date published: 9 November 2022
Freedom of Information Act 2016 (ACT) - deciding access - relationship with Health Records (Privacy and Access) Act 1997 (ACT) - identifying all government information within scope - whether disclosure of information is contrary to the public interest - Cabinet information - whether information is purely factual - promote open discussion of public affairs and enhance the government's accountability - contribute to positive and informed debate on important issues or matters of public interest - prejudice intergovernmental relations - prejudice the protection of an individual's right to privacy or any other right under the Human Rights Act 2004 (ACT)

Peter Brewer and Justice and Community Safety Directorate [2022] ACTOFOI 8 (24 October 2022)
Date published: 1 November 2022
Freedom of Information Act 2016 (ACT) – deciding access – whether disclosure of information is contrary to the public interest – information identifies corruption or the commission of an offence by a public official – inform the community of the government’s operations, including the policies, guidelines and codes of conduct followed by the government in its dealings with members of the community – allow or assist inquiry into possible deficiencies in the conduct or administration of an agency or public official – reveal or substantiate that an agency or public official has engaged in misconduct or negligent, improper or unlawful conduct or has acted maliciously or in bad faith – prejudice the protection of an individual’s right to privacy or any other right under the Human Rights Act 2004 – prejudice an agency’s ability to obtain confidential information – prejudice the management function of an agency or the conduct of industrial relations by an agency.

BT' and Education Directorate [2022] ACTOFOI 7 (10 October 2022)
Date published: 12 October 2022
Freedom of Information Act 2016 (ACT) – deciding access – whether disclosure of information is contrary to the public interest – whether information is personal information of a child to be given to the child’s parent or guardian – disclosure of information is reasonably considered to be in the best interests of the child – whether disclosure of the information could reasonably be expected to prejudice the protection of an individual’s right to privacy or any other right under the Human Rights Act 2004 (ACT).

Elizabeth Lee MLA and Chief Minister, Treasury and Economic Development Directorate [2022] ACTOFOI 6 (16 September 2022)
Freedom of Information Act 2016 (ACT) - deciding access - whether disclosure of information is contrary to the public interest - Cabinet information - whether information is purely factual.

'BS' and Chief Minister, Treasury and Economic Development Directorate [2022] ACTOFOI 5 (19 May 2022)
Date published: 25 May 2022
Freedom of Information Act 2016 (ACT) - deciding access - whether disclosure of information is contrary to the public interest - open access information - contribute to positive and informed debate on important issues or matters of public interest - reveal the reason for a government decision and any background or contextual information that informed the decision - ensure effective oversight of expenditure of public funds - prejudice trade secrets, business affairs or research of an agency or person - prejudice an agency's ability to obtain confidential information - prejudice the competitive commercial activities of an agency.

Elizabeth Lee and Chief Minister, Treasury and Economic Development Directorate [2022] ACTOFOI 4 (16 May 2022)
Date published: 24 May 2022
Freedom of Information Act 2016 (ACT) – deciding access – whether disclosure of information is contrary to the public interest – Cabinet information – whether information is purely factual.

'BR' and Canberra Health Services [2022] ACTOFOI 3 (26 April 2022)
Date published: 12 May 2022
Freedom of Information Act 2016 (ACT) - deciding access - whether disclosure of information is contrary to the public interest - transfer of access application - contribute to the administration of justice generally, including procedural fairness - contribute to the administration of justice for a person - impede the administration of justice generally, including procedural fairness - impede the administration of justice for a person - prejudice the management function of an agency or the conduct of industrial relations by an agency - prejudice a deliberative process of government - information is about unsubstantiated allegations of misconduct, or unlawful, negligent or improper conduct and disclosure of the information could prejudice the fair treatment of an individual.

  • 'BQ' and University of Canberra [2022] ACTOFOI 2 (25 March 2022)
    Date Published: 1 April 2022
    Freedom of Information Act 2016 (ACT) – deciding access – whether disclosure of information is contrary to the public interest – promote open discussion of public affairs and enhance the government’s accountability – individual’s right to privacy – agency’s ability to obtain confidential information – disclosure is prohibited by an Act of the Territory, a State or the Commonwealth.
  • Manteena Commercial Pty Ltd and Education Directorate [2022] ACTOFOI 1 (4 February 2022)
    Date Published: 9 February 2022
    Freedom of Information Act 2016 (ACT) – deciding access – whether disclosure of information is contrary to the public interest – decision-maker to tell relevant third parties – identifying all government information within scope – legal professional privilege – promote open discussion of public affairs and enhance the government’s accountability – contribute to positive and informed debate on important issues or matters of public interest – ensure effective oversight of expenditure of public funds – allow or assist inquiry into possible deficiencies in the conduct or administration of an agency – reveal the reason for a government decision and any background or contextual information that informed the decision – trade secrets, business affairs and research – competitive commercial activities of an agency.

  • BP and Justice and Community Safety Directorate [2021] ACTOFOI 19 (22 December 2021)
    Date Published: 22 December 2021
    Freedom of Information Act 2016 (ACT) – deciding access – whether disclosure of information is contrary to the public interest – prejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of the law – prejudice the maintenance or enforcement of a lawful method or procedure for protecting public safety – advance the fair treatment of an individual in accordance with the law in their dealings with the government – prejudice the protection of an individual’s right to privacy – prejudice an agency’s ability to obtain confidential information – prejudice the management function of an agency or the conduct of industrial relations by an agency
  • Department of Health, Department of Foreign Affairs and Trade and ACT Health Directorate [2021] ACTOFOI 18 (20 December 2021)
    Date Published: 20 December 2021
    Freedom of Information Act 2016 (ACT) – deciding access – whether disclosure of information is contrary to the public interest – third party consultation – whether information is in scope – security of the Commonwealth, the Territory or a State – promote open discussion of public affairs and enhance the government’s accountability – contribute to positive and informed debate on matters of public interest – reveal health risks or measures relating to public health and safety – prejudice a person’s right to privacy under the Human Rights Act 2004 (ACT) – prejudice intergovernmental relations
  • ‘BO’ and ACT Ombudsman [2021] ACTOFOI 17 (6 December 2021)
    Date Published: 8 December 2021
    Freedom of Information Act 2016 (ACT) – deciding access – whether disclosure of information is contrary to the public interest – information in possession of Ombudsman – Ombudsman Act 1989 -
  • Craig Dunlop and Teacher Quality Institute [2021] ACTOFOI 16 (26 November 2021)
    Date Published: 29 November 2021
    Freedom of Information Act 2016 (ACT) – deciding access – whether disclosure of information is contrary to the public interest –
    information officers may act for other agencies – content of the decision notice – identifying information within scope – prejudice the protection of an individual’s right to privacy or any other right under the ACT Human Rights Act 2004 – promote open discussion of public
    affairs and enhance the government’s accountability – contribute to positive and informed debate on important matters of public interest
    – allow or assist inquiry into possible deficiencies in the conduct or administration of an agency or official – reveal the reason for a government decision and any background or contextual information that informed the decision – prejudice to investigation
  • ‘BN’ and Chief Minister, Treasury and Economic Development Directorate [2021] ACTOFOI 15 (23 November 2021)
    Date Published: 25 November 2021
    Freedom of Information Act 2016 (ACT) – deciding access – whether
    disclosure of information is contrary to the public interest – contribute to the administration of justice generally, including procedural fairness – contribute to the administration of justice for a person – an individual’s right to privacy under the Human Rights Act
    2004 (ACT)
  • 'BM' and Justice and Community Safety Directorates [2021] ACTOFOI 14 (23 November 2021)
    Date Published: 25 November 2021
    Freedom of Information Act 2016 (ACT) – deciding access – whether
    disclosure of information is contrary to the public interest – prejudice an agency’s ability to obtain confidential information – prejudice the management function of an agency or the conduct of industrial relations by an agency – inform the community of the government’s operations, including the policies, guidelines and codes of conduct followed by the government in its dealings with members of the
    community – allow or assist inquiry into possible deficiencies in the conduct or administration of an agency or public official – advance the fair treatment of individuals and other entities in accordance with the law in their dealings with the government – personal information of the applicant – an individual’s right to privacy under the Human Rights Act 2004
  • 'BL' and Education Directorate [2021] ACTOFOI 13 (29 October 2021)
    Date Published: 1 November 2021 
    Freedom of Information Act 2016 (ACT) – deciding access – whether disclosure of information is contrary to the public interest – contribute to positive and informed debate on important issues or matters of public interest – ensure effective oversight of expenditure of public funds – trade secrets, business affairs or research
  • BK’ and Environment, Planning and Sustainable Development Directorate [2021] ACTOFOI 12 (23 September 2021)
    Date Published: 27 September 2021
    Freedom of Information Act 2016 (ACT) – deciding access – whether
    disclosure of information is contrary to the public interest – Cabinet information – Promote open discussion of public affairs and enhance the government’s accountability – Contribute to positive and informed debate on important issues and matters of public interest – Reveal the reason for a government decision and any background or contextual information that informed the decision – An individual’s right to privacy
  • ‘BJ’ and ACT Health Directorate [2021] ACTOFOI 11 (21 September 2021)
    Date Published: 22 September 2021
    Freedom of Information Act 2016 (ACT) – deciding access – refusing
    to deal with application – dealing with the application would require an unreasonable and substantial diversion of the respondent’s
    resources
  • ‘BI’ and Canberra Health Services [2021] ACTOFOI 10 (21 September 2021)
    Date Published: 22 September 2021
    Freedom of Information Act 2016 (ACT) – deciding access – refusing to deal with application – dealing with the application would require an unreasonable and substantial diversion of the respondent’s resources
  • Manteena Commercial Pty Ltd and Major Projects Canberra [2021] ACTOFOI 9 (8 September 2021)
    Date Published: 10 September 2021
    Freedom of Information Act 2016 (ACT) – deciding access – whether disclosure of information is contrary to the public interest – legal professional privilege – promote open discussion of public affairs and enhance government’s accountability – ensure effective oversight of expenditure of public funds – allow or assist inquiry into possible deficiency in the conduct or administration of an agency or public official – reveal the reason for a government decision and any background or contextual information that informed the decision – trade secrets, business affairs and research – competitive commercial activities of an agency
    BH and Transport Canberra and City Services [2021] ACTOFOI 8 (26 August 2021)
    Date Published: 30 August 2021
    Freedom of Information Act 2016 (ACT) – deciding access – information is not held by respondent
  • Sarah Curnow and ACT Health Directorate [2021] ACTOFOI 7 (29 July 2021)
    Date Published: 3 August 2021
    Freedom of Information Act 2016 (ACT) – deciding access – whether disclosure of information is contrary to the public interest – Cabinet information – legal professional privilege – promote open discussion of public affairs and enhance government’s accountability – contribute to positive and informed debate on important issues or matters of public interest – allow or assist inquiry into possible deficiencies in the conduct or administration of an agency or public official – reveal the reason for a government decision and any background or contextual information that informed the decision – reveal environmental or health risks or measures relating to public health and safety – intergovernmental relations – deliberative process of government – agency’s ability to obtain confidential information
  • BG and Education Directorate [2021] ACTOFOI 06 (15 June 2021)
    Date Published: 28 June 2021
    Freedom of Information Act 2016 (ACT) – deciding access – whether disclosure of information is contrary to the public interest – existence of documents – information subject to legal professional privilege – Cabinet information – personal information – prejudice trade secrets, business affairs or research – prejudice intergovernmental relations –
    prejudice an agency’s ability to obtain confidential information -
    promote open discussion of public affairs and enhance the
    government’s accountability - contribute to the positive and informed debate on important issues or matters of public interest - reveal the reason for a government decision and any background or contextual information that informed the decision
  • Giulia Jones and Chief Minister, Treasury and Economic Development Directorate [2021] ACTOFOI 5 (19 May 2021)
    Date Published:  27 May 2021
    Freedom of Information Act 2016 (ACT) – deciding access – whether disclosure of information is contrary to the public interest – cabinet information
  • BF and Canberra Health Services [2021] ACTOFOI 4 (6 May 2021)
    Date  Published: 6 May 2021 
    Freedom of Information Act 2016 (ACT) – deciding access – whether disclosure of information is contrary to the public interest – allow or
    assist inquiry into possible deficiencies in the administration of an agency – an individual’s right to privacy – an agency’s ability to obtain
    confidential information – the management function of an agency or the conduct of industrial relations
  • ClubsACT and ACT Health Directorate [2021] ACTOFOI 3 (9 April 2021)
    Date Published: 12 April 2021
    Freedom of Information Act 2016 (ACT) – deciding access – whether disclosure of information is contrary to the public interest – promote open discussion of public affairs and enhance the government’s accountability – reveal the reason for a government decision or any background or contextual information that informed the decision – individual’s right to privacy – trade secrets, business affairs and research – intergovernmental relations – a deliberative process of government
  • Jon Stanhope and Environment, Planning and Sustainable Development Directorate [2021] ACTOFOI 2 (9 April 2021)  
    Date published: 12 April  2021
    Freedom of Information Act 2016 (ACT) – deciding access – whether disclosure of information is contrary to the public interest – Cabinet information – promote open discussion of public affairs and enhance government’s accountability – contribute to positive and informed debate on important issues and matters of public interest – reveal the reason for a government decision and any background or contextual information that informed the decision – an individual’s right to privacy – intergovernmental relations – trade secrets, business affairs or research – competitive commercial activities of an agency – economy of the Territory
  • BE and Justice and Community Safety Directorate [2021] ACTOFOI 1 (21 February 2021)
    Date published: 21 February 2021
    Freedom of Information Act 2016 (ACT) – deciding access – whether disclosure of information is contrary to the public interest – secrecy provision – prohibited by law – whether documents are in scope
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